Cook County Sheriff’s Policy Document on Movement for Those Under EM
Nov. 13 2022 — 1:58p.m.
Procedure 1005 Cook County Sheriff's Office Community Corrections Procedure Manual Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 1 Participant Movement Procedure 1005.1 PURPOSE AND SCOPE Agency Content The purpose of this procedure is to provide guidelines regarding movement of Electronic Monitoring (EM) participants. 1005.1.1 ISSUANCE/EFFECTIVE DATE Agency Content This procedure was re- issued on Feb. 1, 2022 and shall become effective upon issuance (operational updates). 1005.2 POLICY Agency Content The Cook County Sheriff's Office Electronic Monitoring Program promotes the welfare, health and education of the participants in the program. In general, EM participants may not leave their monitored residence unless approved or scheduled for movement. Movement may be authorized by the Circuit Court, through a court order, or by the Sheriff's Office, either through scheduled times to conduct basic activities or through one-time movement authorization for specific activities.Requests for movement outside of the home to attend school, work, programs or other services and benefits shall be made prior to the participant leaving their monitored residence unless previously scheduled. 1005.3 MOVEMENT Agency Content 1005.3.1 ESSENTIAL MOVEMENT FOR BASIC ACTIVITIES Agency Content At a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in this procedure (730 ILCS 5/5-8A-4 A-1). Absent a court order specifying days, each participant shall be given a schedule assigned by the contracted vendor. Absent a court order specifying days, each participant shall be given a default schedule assigned by the contracted vendor (e.g., participants with odd-numbered booking numbers (A Group) movement scheduled on Monday and Wednesday 8:00 - 4:00, participants with even-numbered booking numbers (B Group) movement scheduled on Tuesday and Thursday 8:00 - 4:00). Participants living at a contracted transitional housing site are subject to the rules of the transitional housing site which may limit movement of the EM participant.
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 2 1005.3.2 ONE-TIME MOVEMENT Agency Content A one-time movement is permission granted to an EM participant, allowing them to leave the monitored residence for a specific reason. One-time movement may be approved without a court order. The movement must be necessary to ensure the participant's success while on the program and should facilitate activity that cannot take place during the participant's scheduled period of essential movement (e.g., an appointment with a doctor who is unavailable during the participant's period of essential movement). Approval of requests for a change in movement schedule shall not be unreasonably withheld (730 ILCS 5/5-8A-4 (F)). Acceptable reasons for one-time movement may include, but are not limited to: (a) Court appearances (b) Working or employment approved by the court or traveling to or from approved employment (c) Attending an educational institution or a program approved for the participant by the court (d) Medical, psychiatric, or mental health appointments (e) Dental appointments (f) Attorney consultations (g) Probation appointments (h) Parole appointments (i) Regularly scheduled religious service at a place of worship (j) Voting (k) Public assistance appointments (l) Unemployment appointments (m) Unemployed and seeking employment approved for the participant by the court (n) Property pick-up (o) Purchasing groceries, food, or other basic necessities (p) Funerals for the following family members: parent, spouse, domestic partner, child (including stepchild and foster child), brother/sister, grandchild, grandparent, spouse's parent. (q) Obtaining a state identification (r) Participating in community work release or community service programs approved for the participant by the supervising authority (s) Any other movement that is acceptable to the Sheriff and increases the participant's chances of success on the program
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 3 1005.3.3 PERMANENT MOVEMENT Agency Content Permanent movement is any court ordered reoccurring movement. Participants requesting permanent movement must obtain a lawful court order supporting that movement. Permanent movement is subject to verification if ordered by the court and to compliance checks and audits. (a) If the court orders the Sheriff's Office to verify the reason for the permanent movement, such verification may occur before the movement begins. (b) If the court does not order the Sheriff's Office to verify the reason for the permanent movement, the movement shall be granted immediately. The Sheriff's Office may verify this employment at any time but must provide notice to the court if there is a concern. (c) Permanent movement may be verified daily using available GPS data and recorded in the applicable electronic database. (d) Participants must submit a request for permanent movement that includes supporting documentation. Supporting documents may include, but are not limited to: 1. Signed and dated letterhead from the employer. 2. Human Resources phone number or business phone number. 3. Monthly work schedule. 4. Proof of enrollment for educational courses. 5. Class schedule. 6. Any other supporting documentation. 1005.4 VERIFICATION Agency Content The steps taken to verify movement shall be documented in the applicable electronic database and should include: (a) Each attempt at verification. (b) If the requested movement was delayed, 1. The reason for the delay. 2. That the court was notified via the Court Liaison for a resolution. (c) Any research that was done regarding the movement (e.g., checking databases, inperson visits). (d) Notification to the participant of the approval or delay and, if delayed, the reason for such action. 1005.5 MOVEMENT PROCEDURES Agency Content
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 4 (a) All EM participants must request permission for movement unless otherwise detailed above. Electronic monitoring participants who have obtained a court order for movement, must make notification of the court order prior to the movement. 1. The request or notification shall be done via telephone. 2. The submission of supporting documents shall be done via email. (b) All participants must adhere to the following: 1. All participants must contact, by both methods listed below, the designated monitoring center at least 72 hours (business hours) in advance of the requested movement date unless prearranged movement has been approved. If a participant requires movement on Monday, the participant must call and prior to 5:00 p.m. on the preceding Friday. (a) Email at [email protected] (b) Call the designated monitoring center at 1-877-326-9198 to request movement. 2. All participants requesting movement must provide with the following information: (a) Participant's name, booking number, and telephone number. (b) Name, address and telephone number of the desired movement destination. (c) Name and title of a verifiable source at the desired destination. (d) Approximate time of the visit/appointment. (e) Method of transportation to be utilized, if applicable. 3. Participants approved for emergency medical movement must email a copy of discharge paperwork to the [email protected] immediately after hospital discharge. (c) If applicable, the member shall contact the desired location and verify that the movement is for a legitimate reason and is approved as a one time movement. Members may request additional information or documentation to ensure the legitimacy of the movement. (d) Members shall either approve or deny the request. Entry of approvals will have a curfew exception entered into the designated monitoring center should include any curfew or inclusion zone exceptions. Exception times will be made on a case by case basis based on the information presented to the member. This determination will be made based on the distance traveled, method of transportation, and the length of the approved appointment. (e) Members shall: 1. Document all denials in the designated monitoring center system with an explanation of the denial.
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 5 2. Contact the participant via telephone and inform them of the approval or denial of the request and, if the request is denied, the reason for such denial. If they are unable to make contact an entry in the designated monitoring center system shall be made to document the attempt. 3. Inform the participant what time they may leave their residence. A return time will not be given to the participant for court movements. (f) Participants requesting permission to attend religious services without a court order must email a request to [email protected] that includes a letter on church letterhead, signed by a church official. The letter must identify the participant's name, address, and that the participant intends to attend the religious service. The letter must also include the specific starting and ending times of any religious services requested. (g) Members may perform an in-person visit to verify the validity of the business or school. (h) All one-time movements shall be approved or denied at least 24 hours (business days) prior to the requested date and time of the requested movement. 1005.6 PERSONAL BUSINESS OWNERS/SELF-EMPLOYMENT/CONTRACTORS Agency Content Any person who has their own business or is self-employed and is on the Electronic Monitoring program may be required to verify and prove ownership, including but not limited to providing proof of a Business Licensure or Internal Revenue Service 1099 showing them as the owner. 1005.7 COMPLIANCE VERIFICATION Agency Content Compliance verification through GPS tracking is done to ensure that participants are adhering to the program rules. (a) The following shall apply to movement approved without verification due to court order: 1. Members shall adhere to the court order and approve movement immediately. 2. After processing the court order, members shall verify the movement. (a) If the movement cannot be verified or there are concerns, the court shall be notified. 3. Members shall regularly confirm the participant's compliance with the court order. If the participant is deemed non-compliant, the participant may be re-incarcerated and the court shall be notified. (b) The following shall apply to compliance verification for one-time movement: 1. After granting one-time movement, members should track the participant's GPS traces to ensure the participant travelled directly to and from the approved location. (c) The following shall apply to compliance verification for permanent movement schedules:
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 6 1. Members shall regularly review participant compliance with the participant's permanent schedule. 2. Members shall review participant compliance for the past 30 days to determine if the participant has been compliant, prior to renewing the participant's schedule. 3. Participants who are deemed non-compliant will not have their schedules renewed and are subject to adjudication for violating the program. (d) Members shall review the Dispatch board to determine if any participants are on the Dispatch board and document instances of non compliance accordingly. 1005.8 COURT ORDERS Agency Content All court orders for movement will be entered immediately upon receipt and complied with unless the order includes that the Sheriff’s Office shall verify the purpose for the movement (e.g., employment, religious participation) prior to the movement. 1005.9 PARTICIPANT PROGRAMS Agency Content The Electronic Monitoring Unit should work in conjunction with participant programs (e.g., employment training, substance abuse, mental health). The Electronic Monitoring Unit should obtain documentation detailing the participant’s attendance and participation in the program. Upon completion of the program, the Electronic Monitoring Unit should be notified via email at [email protected] 1005.10 DELAY OF COURT ORDERED MOVEMENT Agency Content The Sheriff's Office cannot ignore, deny, or refuse court orders. All court ordered movement will be honored unless the movement or the reason for the movement is found to be false, no longer a viable reason, or not in compliance with the court order. Court orders that may not be authorized by law or exceed the jurisdiction of the CCSO (e.g., domestic violence related orders, orders allowing placement outside of Cook County) shall be presented to the Legal Department for review and counsel. (a) Court orders that cannot be followed for these reasons thus causing a delay, shall, as soon as practicable, be brought to the attention of the State's Attorney's Office and returned to the respective court by the Court Liaison with the reason for delay. (b) One-time movement or movement requiring court ordered verification may be delayed when there is a lack of proper documentation or information in the movement request cannot be verified. (c) All court ordered movement will be honored unless the movement or the reason for the movement is found to be false, no longer a viable reason, or not in compliance with the court order.
Cook County Sheriff's Office Community Corrections Procedure Manual Participant Movement Procedure Copyright Lexipol, LLC 2022/03/15, All Rights Reserved. Published with permission by Cook County Sheriff's Office Community Corrections Participant Movement Procedure - 7 (d) Any court order movement that is delayed shall be reviewed by a supervisor and documented as a case management entry in the designated monitoring center system. 1. The Court Liaison should notify the court having jurisdiction, including the reasons for the delay. (e) The member reviewing the court order shall contact the participant to inform them of the delay and the rationale for the delay. The contact shall be documented in the designated monitoring center system. 1005.11 FRAUDULENT DOCUMENTATION Agency Content Any participant found to have submitted fraudulent documentation to gain movement will be subject to a violation and violation adjudication. Additional charges (e.g., escape, forgery) may be filed for a violation of the Electronic Monitoring Program. The judge presiding over the participant’s case will be notified of the violation and presented with the findings. If a participant has been found to have submitted falsified documentation, the member shall inform their immediate supervisor and complete a Progress Report. All the information related to the discovery of the fraudulent documentation should be entered into the designated monitoring center system. All falsified documentation should be printed and attached to a Violation of Bail Bond memo, for inclusion in the participant’s case.